Terms & Conditions

Definitions

“Kinexus” means Kinetic Defence Services Pty Ltd ABN 55 096 816 974. “Site” refers to this Internet website (www.kinexus.com.au) and other Kinexus websites linked to this Site, including downloads from it.

Any introductions by Kinexus of a candidate for an assignment or employment shall be subject to our Standard Terms of Business as applicable. A copy of our Standard Terms of Business shall be provided to each client on registering a job or following registration. These Terms and Conditions are in addition to and not in substitution for our Standard Terms of Business.

Your use of this Site

Your use of Kinexus’s Site is subject to the following Terms and Conditions in conjunction with our Privacy Policy, which you are deemed to accept and agree to comply with each time you use the Site. These Terms and Conditions may be changed at any time and without notice. Please visit this page regularly to take note of any changes.
The purpose of this Site is to provide you with our services and general information.
You will not use the Site for, or to encourage, any unlawful purpose; nor post or transmit on the Site inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in Australia or elsewhere); nor will you post or transmit on the Site any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the Site any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Site; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the Site by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this Site. You further confirm that you will not take any action that affects Kinexus’s reputation or that defames, abuses, harasses or threatens others.
Kinexus in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason. As the services on the Site are made available to users and employers immediately, you do not enjoy any cancellation or “cooling-off” rights in relation to these Terms of Use.

Links to or from other Sites

Kinexus may provide links to references to websites of third parties. In addition, clients and providers may also provide links to their website. Kinexus does not accept responsibility, nor will be held liable, for the content, reliability, security, or privacy practices of these websites. It can not be assumed that Kinexus has reviewed or approved any such website or its content, nor do we warrant that the links to these websites work and are current. The use of any such websites is entirely at your own risk.

Security and passwords

When you register with this site or sign on when you visit the Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any password.

Aggregate information

We may gather information and statistics collectively about all visitors to this Site that may include the information supplied by you. This will help us to understand our users thereby creating a better recruitment process. We will not disclose individual names or identifying information. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes. We process personal data in accordance with our Privacy Policy.

Intellectual Property

All trademarks, trade names, logos, information and material available and/or generated, or any other intellectual property rights on this Site are the property of Kinetic Defence Services Pty Ltd ABN 55 096 816 974. Any unauthorised reproduction is prohibited.
You may only access, use and print the information and material on this Site for non-commercial or personal use provided that you keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this Site. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information of the Site. If you seek to reproduce or otherwise use the content in any way, it is your responsibility to obtain approval from us for such use where necessary.

Termination

We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Reports obtained from Google Analytics are used to improve the efficiency and useability of this web site.

Google Analytics uses ‘cookies’ to help analyse how users use this site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted and stored by Google on servers in the United States.

While we use this information to better understand our customers and evaluate our website effectiveness. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to Google’s Privacy policy. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also install a Google Analytics Opt-Out Browser Add-On if you wish to opt-out of this Google Analytics feature.

Disclaimer

The information and material on this Site is intended to provide a general guide only. While Kinexus uses reasonable care in compiling and presenting the information and material on this Site, we make no representation or warranty whatsoever regarding the accuracy, currency, completeness, adequacy, suitability or operation of this Site, any services we may provide through it, or the information or material it contains.
To the maximum extent permitted by law, Kinexus shall not be responsible or liable for:

any loss, liability or damage suffered or incurred arising out of or in connection with any access to or use of this Site or any of its content;

any reliance on, or decision made on the basis of, information or material shown on or omitted from this Site;

loss of revenue, loss of actual or anticipated salary, loss of actually or anticipated profits whether arising in the normal course of business or otherwise (including without limitation loss of profits on contacts), loss of or damage to employment prospects, loss of opportunity, loss of the use of money, loss of anticipated savings, loss of business, loss of goodwill, loss of or damage to reputation, loss of or corruption to data, loss of management or administration time, legal and other professional fees and expenses which may arise out of any person relying on or using any information on this Site

any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude Kinexus’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Site;

any representation or otherwise that any employer or client will ask for a candidate’s information, ask to interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client;

any breach of these Terms and Conditions by Kinexus caused by circumstances beyond its reasonable control;

any fault, delays, interruptions or lack of availability of this Site, and any of the services provided through this website, which may occur due to intermittent failures of this Site or the need for repairs, maintenance or the introduction of new facilities or services or due to technical issues beyond our control;

any representation that data provided through this Site will be free of worms, viruses, Trojan horses or any other computer code that may adversely affect any communication;

any information or material carried on any website operated by a third party which may be accessed from this Site.

If any warranty cannot be excluded, to the maximum extent permitted by law, Kinexus’s liability will be limited to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services, at our option. In any event, Kinexus will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

You agree fully to indemnify us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arsing from use or misuse by you of this Site.

Your use of this Site and downloads from it, and the operation of these Terms and Conditions, shall be governed in accordance with the law of New South Wales and Australia. The courts of New South Wales shall have exclusive jurisdiction over any dispute arising out of the use of this website.